When an employee is injured during the course of his job, he may be entitled to workers' compensation. Under this system, a worker receives compensation for medical expenses and missed work hours but relinquishes his right to sue his employer for damages in court. Read on for more information about this important program.
Qualifying for Workers' Compensation
To qualify for worker’s compensation, an employee must have been injured or developed an illness while performing the duties of his job. Workers may also be eligible for partial compensation if a preexisting illness was exacerbated by the duties of their job. For most injuries, employees must file a worker’s compensation claim within three years after the injury; however, some illnesses have a longer statute of limitations to allow for the increased time it may take for the disease to manifest. Claims for radiation poisoning, for example, have a 25-year statute of limitations.
Workers' Compensation Benefits
Benefits paid under this compensation program range from payment of medical bills to wages paid during temporary disability to wages for permanent disability. Worker’s compensation is designed to apply to all levels of injury, and it is mandatory for all employers in Illinois to have worker’s compensation insurance or to apply for permission to self-insure.
To receive compensation for an injury, a worker must file a claim to prove that the injury was directly caused by work activities. If the employer disagrees with the claim, the two parties can appear before a judge for arbitration in order to decide the outcome of the claim. If the outcome is still unsatisfactory, the decision can be further appealed. Regardless of the outcome of the claim, an employer cannot legally fire a worker for filing for worker’s compensation.
A work-related injury could impede your ability to make ends meet and bring hardship to your family, if you don’t correctly file for worker’s compensation. For help filing a claim, call Malman Law at (312) 983-6193.